Re: [Fed-Talk] Not good
Re: [Fed-Talk] Not good
- Subject: Re: [Fed-Talk] Not good
- From: Todd Heberlein <email@hidden>
- Date: Mon, 12 Dec 2011 09:34:48 -0800
I have had the great displeasure of serving as an expert witness in two patent cases covering 7 (I think) patents . I have been deposed for 14 hours over 3 days (an incredibly grueling process), sat in on several other depositions, and have spent many days on the witness stand being grilled.
I can complain endlessly about the current situation, but the primary conclusion I've reached is that reform is a difficult process for which no easy solutions exist.
As a case in point, I'll argue for patent holding companies (which I generally don't like):
On Dec 12, 2011, at 6:00 AM, Miller, Timothy J. wrote:
> Patent holding companies do nothing but purchase and litigate patents;
> they create no IP of their own. This is a niche business that exists only
> because of peculiarities in the law, and can be legitimately held to have
> no constructive purpose.
<defend>
Patents are property, and like all property they can be bought and sold. One of the primary beneficiaries of patent holding companies are individual inventors, the so called "little guys". If I as an individual (or a small company) create something new and patent it at relatively great costs to me ($20K-40K), the chance of seeing a return on that investment through licensing and the court system is slim to none. The legal bills to fight a large company like Apple or AT&T are so high that before I see a cent from any court decision I will be financially destroyed by the legal process itself.
Patent holding companies let me get a positive return on my investment (the cost to invent and cost to file the patent) by buying my patents. Patent holding companies help create a market of buying and selling patents, just like markets for any other property, and thus help create value for a patent, especially for individual inventors.
Similarly, there are organizations that like to primarily live in the R&D area and are less interested in the efforts to commercialize the inventions. Patent holding companies can benefit these organizations as well by letting the organization focus on inventing and then monetize the organization's intellectual effort by buying their patents.
</defend>
OK, I have a little throw-up in my mouth after having written that, but there really can be an argument made along that line. If you are an inventor, the patent holding company may be your friend.
Todd
PS. I have never filed for a patent, so I was speaking hypothetically above.
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